Is it legal for a subdivision to channel water from their downspouts through...

Asked August 16, 2019, 10:44 PM EDT

Is it legal for a subdivision to channel water from their downspouts through installed underground pipes that will flow to lower property owner's yards? The flow from these pipes will empty into an easement with a steep slope and will cause erosion and flooding of lower land.

Scioto County Ohio

1 Response

Hello & thank you for contacting OSU Extension with your legal questions as related to storm water drainage and potential flooding to lower-lying areas.

This question will best be answered by your Soil & Water Conservation office (Scioto County). Here is their information:
Address: 12167 OH-104, Lucasville, OH 45648
Hours: Open ⋅ Closes 4PM
Phone: (740)
Address: 12167 OH-104, Lucasville, OH 45648
Hours: Closes 4PM
Phone: (740) 259-9231

Additionally, the Ohio EPA has a storm water division. Here is the link to their webpage: https://epa.ohio.gov/dsw/storm/index. This is what their webpage says about this program:

Storm Water Program

Storm water discharges are generated by runoff from land and impervious areas such as paved streets, parking lots, and building rooftops during rainfall and snow events. Storm water often contains pollutants in quantities that could adversely affect water quality. Most storm water discharges are considered point sources and require coverage by a National Pollutant Discharge Elimination System (NPDES) permit. The primary method to control storm water discharges is through the use of best management practices (BMPs).

I believe that between SWCD and EPA's Storm Water Program your questions will be answered.

Please keep OSU Extension in mind for future needs and questions.

Best regards,
Teresa Funk